Unfair Dismissal in India: How Labour Laws Protect Employees from Exploitation

Introduction and Definition of Unfair Dismissal

‘Unfair dismissal’ is a term used in Labour and Employment laws. Before moving to the meaning of the term, it is important to understand the significance of such laws in our country. In developing countries like India, labourers/employees are the most valuable assets that can help transform the country into a developed nation. The business and economy are undoubtedly growing at a very high pace. Hundreds of industries, manufacturing units, factories, and MNCs are opening every day. To ace this competition, employers focus on price and goods efficiency, which in turn results in neglecting the rights of labourers/employees. Illiterate, poor, and unaware of their rights, labourers often fall prey to their powerful employers. This is the reason we need labour and employment laws: to protect labourers from exploitation, to improve industrial relations between the working class and management, to ensure job security, etc.

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All credit to the student author of this article which explains fair and unfair dismissal.

Unfair Dismissal: Key Considerations

Dismissal may be regarded as unfair when it is made:

1. In utter violation of the principles of natural justice,
2. Without framing charges and/or conducting a domestic enquiry,
3. Without giving a fair and proper opportunity to defend his/her case,
4. By relying on the terms of the appointment letter, disguising dismissal under the guise of simple discharge to avoid going through the disciplinary procedure.

The above represents the essence of the Apex Courts' judgments over the past 50+ years on this subject, but it is by no means comprehensive.

Regards, Vinayak Nagarkar
HR Consultant

Dear Colleague,

Adding one more point to my earlier post, dismissal will also be unfair when the action of dismissal is too harsh or disproportionate to the gravity of the alleged misconduct.

Regards,
Vinayak Nagarkar
HR Consultant